correction. on september 24th, page 3, paragraph one, third paragraph, the next po last sentence says that i suggested that the commission will be able to amend. i think that it would read more accurate to to be able to amend the regulations if the task force meets and has suggestions. what i was trying at the time was to say that or suggest that we could go forward with the amendments and that when the time comes, that the sunshine task force is able to comment, we could revisit and incorporate recommendations that they have but not to hold up while they are not able to meet. that is my point. >> i think that we should make that change. >> any other changes to the minutes?

>> no. >> can you hear the rain? >> yeah. >> is there a motion to adopt the minutes of the july 23, july 24th and september 11th? >> is there a second? >> second. >> all in favor? >> aye. >> opposed? hearing none, the motion passes. >> executive director's report. >> okay. two highlights, one is i expect that the november meeting will probably run kind of long. we are going to go back to sunshine. we have the item that we kicked over from tonight. which deals with the run and red issue. >> november 26th? >> never mind. >> i can check. >> yeah. i guess. and it is the first monday

after thanksgiving. so, if people are on travel and everything else, you might want to remember that, too. >> meaning what? >> remembering that we have a long meeting. >> what we are going to do our best to do and i think that we be able to do is have packets ready, the week before thanksgiving, so that you will have them during the rush of the holidays, you will have extra time. >> the monday before? >> hopefully the week before. >> even the week before that? i see. i see what you are saying, that would be great >> right. and i had trouble trying to schedule a december meeting because our normal meeting date would be the 24th, the night of the 24th. so i am going to... i am going to give that one more go around but we may not be able to have a december meeting. >> the final thing is one of

the requests for the future meetings at past meetings was that we do a discussion of the report that the budget analyst harvey rose did comparing us to la. we have decided that before we have that discussion, here at the commission, that we should have interested persons meetings with the public. and get some input from them. so we schedule two of them for december. and then we planned to bring that report before you for the january meeting. >> that is a good idea. >> to answer your question, going back to the scheduling. >> sure. >> so for december, we don't... there is nothing on tentatively schedule for the 14th, december 14th? >> no. >> there is not. >> okay. thank you. >> okay. anything public comment? >> on the executive director's report. >> thank you, dr. kerr again. this chart on the first page of

the director's report, that has 6 categories of investigations and enforcements, mr. st. croix introduced that chart in 2006, but the first month that this chart was introduced that was whistle blower/sunshine ordinance. since then, in the last six years, the word whistle blower has not appeared. now whistle blower retaliation is arguably a more serious problem than any of these because it involves the destruction of someone's professional life and personal life, too. and it is part of your responsibility to over see whistle blower protection. so i would suggest and plead that whistle blower retaliation be one of the categories so

that you know how many complaints come in, and you can track whether any of them gets substan ated. thank you. >> commissioners, ray heart, director of san francisco open government. i do read these reports. i read every one of them, front to back and i go back and make notes on them and everything else because i really do want to come here and make meaningful comment. for example, category number two investigation enforcement programs number of complaints what does that tell us? how long have those complaints been sitting? i know for a fact that the 9 for the sunshine ordinance task force have been sitting there for god knows how long. so basically, i could have to... i don't think that it is unfair to assume that some of these other complaints may just be sitting in someone's desk aging and eventually someone will get around to it and someone will put it up. these really are meanless

statistics. and nine people filed a complaint, and how many were referred from sunshine? how many of you heard, well, we know that. one. gomez, where did that go? nowhere. because the mayor only wants to use you if it suits his political ends. i told you that before. he hung you out to dry, he wanted to get rid of the sheriff. i personally think that he wanted to take control of the sheriff's office. get rid of the sheriff put his own person in and say look at how wonderful it runs under the mayor's office. why have an elected sheriff? the bottom line was, it didn't work. these sunshine complaints, i voted in the very first election in san francisco in 1999 and they happened to be the latest iteration of the

sunshine ordinance. andvy gone back and done the research and seen that you have not taken a single complaint for a hearing except the jewe l gomez and i think that the only reason that you did that was because the civil grand jury pointed it out in their report and you wanted to be able to say no, that is not true, we heard one. you know, it is really auful, and you can be as dismissive as possible, and it is really auful to sit in board and commission meetings and watch citizens denied their right to speak, being told that they are not allowed to speak about certain things. and then, they have to go to the sunshine ordinance task force and fight for those rights under the sunshine ordinance. then to get enforcement, they have to have it referred to you and you simply allow mr. st. croix to dismiss them all. and you wonder why i am a

little ticked. i have four things on the 150 word summaries that i mentioned before that have all been approved by the sunshine ordinance task force, and mr. st. croix spent 134 pages dismissing against you so that you would not have the guts to hear it. >> the discuss on items for future meetings? >> on the executive director's report, the list of the whistle blower complaints, is this something that we used to have that and we have taken it off? >> it goes into the confidential report, don't we? >> we do. >> we get those in the confidential listing. >> i will see what we can add back on again. >> okay.

>> public comment on number 8? >> could i ask you to repeat what you said about the whistle blower complaints? >> will they be in or not? >> mr. st. croix said that he will look into what additional information we could put on there relating to the whistle blower complaints. >> is is there a motion to adjourn the meeting? >> so moved. >> i did want to make a comment on eight. >> you did? >> okay. >> yes. >> ray heart, director of san francisco open government and you can sit there and attribute every negative and other motives that you want to me. i don't care. very frankly i have told you and every other body that i have appeared to before that my only two reasons to going to public meetings are to make sure that the nems members of

the public are allowed to speak and allowed to gain access to public records that they need to speak intelligently to certain issues. i went to an arts commission meeting where i watched a commissioner respond to a public comment which was polite suggesting that they needed to have sunshine, with comments like mr. whoever you are i don't appreciate be lectured by someone like you. and i am going to do everything in my power to make sure that you are o longer part of this any more. and it gets to the point where people who take a vow to support and defend the constitution start to abuse members of the public. i know that it has gone too far. and i know that you don't like the comments. basically what i found on a lot of these city commissions they want to take credit for everything that goes well and avoid responsibility for anything that isn't going well.

they want credit for showing up. but they don't want to be bothered with a lot of the work. and we had one member of the commission when there was an argument going on tell one of the witnesses, when they were referred to one of the documents that have been submitted to them and they said, well i don't need to read the documents. and it is time and time again and the reason that i do this is for one simple reason. there are a lot of people who getting up in front of a public body especially on public television, are afraid to do it. they are just afraid to come up to a body and say, you know, i don't like what you are doing and that is just another part of the first amendment to petition government to readdress the grievances. when i started coming here, i tried to be polite, but when you are polite with you folks it gets you nowhere, you get someone who said that well, we follow the law if we have to and you say, well here is what

the law says and the person sits there and looks down. read the 150 word summary thing in the minutes, it is pretty clear. and i would like to ask you something if we ended up in court and i subpoenaed all of you, and before a jury, or a lawyer got up and said, what did that 150 word summary should be in the minutes mean to you? and does it make any sense that the city attorney said that you could put it somewhere else? i think that you would have a hard time answering that question, wouldn't you? >> a motion to adjourn the meeting? >> i would like... >> so moved. >> second. >> second >> all in favor? >> aye. >> aye. >> opposed, hearing none, the

meeting is adjourned. >> [gavel] >> good afternoon. welcome to the board of supervisors meeting for the city and county of san francisco home of the national league champions san francisco giants. it is tuesday october 23, 2012. madam clerk can you please call the roll.

>> supervisor avalos. present. >> supervisor. >> go giants. supervisor cohen. cohen present. supervisor elsbernd. present. supervisor farrell. present. supervisor kim. present. supervisor mar. present. supervisor olague. present. supervisor wiener. present. and mr. president supervisor chiu is not in the chamber. >> thank you. given that supervisor chu just got married we will excuse her this week and will be excused and will you please join me in the pledge of allegiance. >> pledge one and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all.

>> colleagues we have board minutes from the meetings. could i have a motion on approve those minutes? moved and seconded. without objection that will be approved. madam clerk do we have any communications? >> there are no communications mr. president. >> if you could read items one through six. >> these item are from the consent agenda and if want to called separately we. >> colleagues any separate? >> (calling roll).

there are ten aye's. >> those ordinances are finally passed and approved. next item. >> next item is to administrator the san francisco housing code and policies and making the requisite finding. >> colleagues any discussion? supervisor olague. >> yeah, there are a couple of debates going on between a couple of city departments, -- not a debate but discussion with middle income housing and i want more time to get clarity of the differences of opinion are when it relates to that and that is the mayor's office plab planning and make a motion to continue for one week to clarify that.

>> okay. supervisor olague is making a motion to continue it. it has been seconded. without objection and continued then. item eight. >> and for the district attorney expend a grant in the approximately amount of 399,000 for the foreclosure program for this period listed. >> colleague could we take this same call. no objections. next item. >> nine is for the district attorney retroactive grant from the california victim compensation and governments claim board for a "joint powers agreement" between this period. >> same house, same call. this

resolution is adopted. item ten. >> item ten is authorization for the recreation and park department and have a grant in the amount of $164,000 from the park and recreation for the glen canyon creekside loop trail project for the term of july 1st, 2011 through this time. >> supervisor. >> there are some technical amendments and i would like them circulated. >> there are technical amendments. moved and seconded. colleagues can we take those? same house, same call. without objection. item 11. >> listen item is resolution for the district attorney to expand

the grant up to 86,000 allocated from the california compensation victims board for the program july 12012 through june 30, 2013. >> same house, same call. this is adopted. item 12. >> is for the fiscal year consolidated plan goals from the federal government for the community block grant, and the emergency solutions grant and opportunities for persons with aids grant. >> same house, same call. this resolution is adopted. item 13. >> item 13 is for work force and development in grant from the u.s. department of labor pass us through the california employment department for the will disability initiative listed here. >> same house, same call. this resolution is adopted. item 14.

>> item 14 resolution for the presiding judge on the super court and the recommendations in the grand jury report where there is smoke and for the implementation of the annual budget. >> same house, same call. this resolution is adopted. item 15. >> is an ordinance for the administrative code for the policy right to return to revitalized public housing units and authorizing new hours for the stabilization board to administer this policy. >> same house, same call. this ordinance is passed on the first read. next item. >> 16 resolution for the acceptance and purchase agreement for the waller street to buchanan and execute

documents in furtherance of the resolution. >> same house, same call. this is adopt. number 17. >> construction a surface and subsurface structure in union square park for the project union street station. >> same house, same call. this resolution is adopted. colleagues our 4:00 p.m. will be continued and will take that up then. why don't we go now to roll call. >> supervisor wiener. supervisor cohen. thank you supervisor cohen. supervisor farrell. >> thank you colleagues i have just one resolution to present today and san francisco conjunction with the 49ers to host the super bowl here. it

was announced that san francisco was nominated as a finalist to host the 2016 or 17 super bowl and i want to thank mayor lee on that and david chiu was there and thank the 49ers and mr. silverstein who helped with the advertisement and the big committee member who is will make up a lot part of this process and chair from tipping point and conleeza rice, and lor rein powell, mayor willy brown, mary murphy, chris kelly, ron conway and many others. it's really an all star crew from people in the bay area. the economic benefits are incredible. thousands of jobs and millions of dollars of economic activity. in san francisco we have been tested

and with the giants and the america's cup and fleet week and all of the events we have hosted. it's an incredible time to be a san franciscan. it's a world class event and one of the biggest in the world and we are a world class city deserving of hosting it. i want to thank the chair for getting the funds for the youth programs and the more we do the better off we are as a community here in san francisco. i think his goals are ambitious but i am confident in them making it a reality in the city and i hope you join me and i submit. >> thank you supervisor farrell. supervisor kim. >> thank you. as long as we're on the topic of sports we am introducing this on the traffic

impacts and on pier 32 for the warriors and we are excited they're making san francisco making their home, or returning back to san francisco as their home. one of the largest concern through the neighbor meetings is the impacts of traffic and other transportation concerns in the south beach mission bay communities, so this is a hearing request so we can address some of the broader questions and also learn a little bit about what we have been able to do to mitigate the concerns with the at&t as well and although i cannot claim the victory the ballpark is in our district and we are inkredally brought of our team and the mvp and excited to go to the world series and the rest i submit. >> thank you supervisor kim.

supervisor chiu. >> thank you colleagues we used ten to ten to reduce the blight of yellow page phone books. at that time the one federal case in the issue decided that the city of seattle with a camperable ordinance was able to do it under the first amendment. last week a circuit panel undid that case and they're in the protections and i disagree with the reading and to the polluters that litter on your footsteps and based on the same logic as the citizens united ruling and considers the corporate super pacs the same as real people but with our city attorney i am

introducing legislation today and suspend our pilot programs until we see if seattle's law is consistent with the first amendment and i am working with the city attorney to find alternate approaches for the same goal. the rest i commit. >> thank you supervisor. supervisor. >> submit. >> thank you supervisor. >> supervisor mar. >> thank you madam clerk. i have several things. the first is my strong support for the neighborhood theater and in the richmond district. i have been supporting the survival of the neighborhood theaters and i am introducing a motion for what the city can do much more to protect the small independent theaters. i have been working hard to support the balboa

theater and the foundation has stepped in really to help our neighborhood show strong support for it, but also at the four star theater and chinese american movie series. it's one of the only one that still continues to show chinese movies in our city and i am helping in the process to renovate the aland der theater to make sure that we restore but also maintain a small neighborhood 38 existing there. also across the city communities are stepping up to support theaters like the roxy in the inner mission and the red victorian in the haight ash bury as well and i hope the area is supportive of other efforts too and i look forward to working with the theater foundation and how the city can support more of the neighborhood 38s. they serve as an anchor to the communities and drive

economic opportunities in the neighborhood and i look forward to working with you and supporting them. and in light of the big earthquake we're anticipating in the next 30 years and also to support homeowners and public safety i am introducing a resolution for federal legislation and of earthquake and by feinstein and this act would allow california's earthquake authority to lower cost to homeowners and guarantee bonded issued by the california earthquake authority in lieu of perfecting reinsurance and accounts for 40% of the cost. this would save homeowners $100 million a year and lower

the rates by 20% and allows homeowners to afford insurance and speed economic recovery when the next big one hits. maybe a fraction, 10%, of the homeowners have insurance and my hope is will help those within the city. i wanted to let people k know11:00 o'clock next week on inside i am working with the rec and park central richmond to unveil the new play ground and join us at 11:00 a.m. and fulton and the new cabrilo play ground and we have been working to revitalize the area so the parks and play grounds really help to revitalize our neighborhoods. please join us. also i wanted to acknowledge a community arts organization